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FAIR USE NOTICE. Many of the stories on this site contain copyrighted material whose use has not been
specifically authorized by the copyright owner. We are making this material available in its efforts to advance
the understanding of environmental issues and sustainability, human rights, economic and political
democracy, and issues of social justice. We believe this constitutes a 'fair use' of the copyrighted material as
provided for in Section 107 of the US Copyright Law. If you wish to use such copyrighted material for
purposes of your own that go beyond 'fair use'...you must obtain permission from the copyright owner.

FAIR USE NOTICE. This site contains copyrighted material the use of which has not always been specifically
authorized by the copyright owner. We are making such material available in our efforts to advance
understanding of environmental, politica, human rights, economic, democracy, scientific, and social justice
issues, etc.. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in
section 107 of the US Copyright Law. If you wish to use copyrighted material from this site for purposes of
your own that go beyond 'fair use', you must obtain permission from the copyright owner.

In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those
who have expressed a prior interest in receiving the included information for research and educational
purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

United States Code: Title 17, Section 107 http://www4.law.cornell.edu/uscode/unframed/17/107.html

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such
use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes
such as criticism, comment, news reporting, teaching (including multiple copies for classroom use),
scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work
in any particular case is a fair use the factors to be considered shall include - (1) the purpose and character
of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2)
the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the
copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is
made upon consideration of all the above factors.

United States Code: Title 17, Section 106 Chapter 1 - Subject Matter And Scope of Copyright
http://www4.law.cornell.edu/uscode/unframed/17/106.html

Subject to sections 107 through 120, the owner of copyright under this title has the exclusive rights to do and
to authorize any of the following: (1) to reproduce the copyrighted work in copies or phonorecords; (2) to
prepare derivative works based upon the copyrighted work; (3) to distribute copies or phonorecords of the
copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; (4) in the
case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other
audiovisual works, to perform the copyrighted work publicly; (5) in the case of literary, musical, dramatic, and
choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images
of a motion picture or other audiovisual work, to display the copyrighted work publicly; and (6) in the case of
sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

FAIR USE NOTICE: This site contains copyrighted material the use of which has not always been specifically
authorized by the copyright owner. We are making such material available in our efforts to advance
understanding of environmental, political, human rights, economic, democracy, scientific, and social justice
issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section
107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is
distributed without profit to those who have expressed a prior interest in receiving the included information for
research and educational purposes. For more information go to:
http://www.law.cornell.edu/uscode/17/107.shtml

FAIR USE NOTICE. Many of the stories on this site contain copyrighted material whose use has not been
specifically authorized by the copyright owner. We are making this material available in its efforts to advance
the understanding of environmental issues and sustainability, human rights, economic and political
democracy, and issues of social justice. We believe this constitutes a 'fair use' of the copyrighted material as
provided for in Section 107 of the US Copyright Law. If you wish to use such copyrighted material for
purposes of your own that go beyond 'fair use'...you must obtain permission from the copyright owner.

FAIR USE NOTICE. This site contains copyrighted material the use of which has not always been specifically
authorized by the copyright owner. We are making such material available in our efforts to advance
understanding of environmental, politica, human rights, economic, democracy, scientific, and social justice
issues, etc.. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in
section 107 of the US Copyright Law. If you wish to use copyrighted material from this site for purposes of
your own that go beyond 'fair use', you must obtain permission from the copyright owner.

In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those
who have expressed a prior interest in receiving the included information for research and educational
purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

United States Code: Title 17, Section 107 http://www4.law.cornell.edu/uscode/unframed/17/107.html

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such
use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes
such as criticism, comment, news reporting, teaching (including multiple copies for classroom use),
scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work
in any particular case is a fair use the factors to be considered shall include - (1) the purpose and character
of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2)
the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the
copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is
made upon consideration of all the above factors.

United States Code: Title 17, Section 106 Chapter 1 - Subject Matter And Scope of Copyright
http://www4.law.cornell.edu/uscode/unframed/17/106.html

Subject to sections 107 through 120, the owner of copyright under this title has the exclusive rights to do and
to authorize any of the following: (1) to reproduce the copyrighted work in copies or phonorecords; (2) to
prepare derivative works based upon the copyrighted work; (3) to distribute copies or phonorecords of the
copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; (4) in the
case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other
audiovisual works, to perform the copyrighted work publicly; (5) in the case of literary, musical, dramatic, and
choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images
of a motion picture or other audiovisual work, to display the copyrighted work publicly; and (6) in the case of
sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

TO: Members of the Faculty, Hoover Institution Fellows,
Academic Staff, and Library Directors

FROM: Condoleezza Rice, Provost

RE: Copyright Reminder

October 30, 1998

This memorandum provides a general description of the applicability of the copyright law and the so-called
"fair use" exemptions to the copyright law's general prohibition on copying. It also describes "safe harbor"
guidelines applicable to classroom copying.

The federal copyright statute governs the reproduction of works of authorship. In general, works governed by
copyright law include such traditional works of authorship as books, photographs, music, drama, video and
sculpture, and also software, multimedia, and databases. Copyrighted works are protected regardless of the
medium in which they are created or reproduced; thus, copyright extends to digital works and works
transformed into a digital format. Copyrighted works are not limited to those that bear a copyright notice. As a
result of changes in copyright law, works published since March 1, 1989 need not bear a copyright notice to
be protected under the statute.

Two provisions of the copyright statute are of particular importance to teachers and researchers:

* a provision that codifies the doctrine of "fair use," under which limited copying of copyrighted works without
the permission of the owner is allowed for certain teaching and research purposes; and

* a provision that establishes special limitations and exemptions for the reproduction of copyrighted works by
libraries and archives.

The concept of fair use is necessarily somewhat vague when discussed in the abstract. Its application
depends critically on the particular facts of the individual situation. Neither the case law nor the statutory law
provides bright lines concerning which uses are fair and which are not. However, you may find it helpful to
refer to certain third party source materials. Guidelines for classroom copying by not-for-profit educational
institutions have been prepared by a group consisting of the Authors League of America, the Association of
American Publishers, and an ad hoc committee of educational institutions and organizations. In addition, fair
use guidelines for educational multimedia have been prepared by a group coordinated by the consortium of
College and University Multimedia Centers (CCUMC). These guidelines describe safe harbor conditions, but
do not purport to define the full extent of "fair use."

The guidelines, as well as other source material, are available through a variety of resources, including
through the world wide web site http://fairuse.stanford.edu. Stanford University Libraries & Academic
Information Resources, in collaboration with the Council on Library Resources and FindLaw Internet Legal
Resources, are sponsors of this web site. The site assembles a wide range of materials related to the use of
copyrighted material by individuals, libraries, and educational institutions.

I hope that the discussion below helps to clarify further the nature of "fair use."

I. Fair Use for Teaching and Research

The "fair use" doctrine allows limited reproduction of copyrighted works for educational and research
purposes. The relevant portion of the copyright statue provides that the "fair use" of a copyrighted work,
including reproduction "for purposes such as criticism, news reporting, teaching (including multiple copies for
classroom use), scholarship, or research" is not an infringement of copyright. The law lists the following
factors as the ones to be evaluated in determining whether a particular use of a copyrighted work is a
permitted "fair use," rather than an infringement of the copyright:

* the purpose and character of the use, including whether such use is of a commercial nature or is for
nonprofit educational purposes;

* the nature of the copyrighted work;

* the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and

* the effect of the use upon the potential market for or value of the copyrighted work.

Although all of these factors will be considered, the last factor is the most important in determining whether a
particular use is "fair." Where a work is available for purchase or license from the copyright owner in the
medium or format desired, copying of all or a significant portion of the work in lieu of purchasing or licensing
a sufficient number of "authorized" copies would be presumptively unfair. Where only a small portion of a
work is to be copied and the work would not be used if purchase or licensing of a sufficient number of
authorized copies were required, the intended use is more likely to be found to be fair.

A federal appeals court recently decided an important copyright fair use case involving coursepacks. In
Princeton University Press, et.al. v. Michigan Document Services, the U.S. Court of Appeals for the Sixth
Circuit concluded that the copying of excerpts from books and other publications by a commercial copy
service without the payment of fees to the copyright holders to create coursepacks for university students
was not fair use. The size of the offending excerpts varied from 30 percent to as little as 5 percent of the
original publications. Although the opinion in this case is not binding in California, it is consistent with prior
cases from other courts, and there is a reasonable likelihood that the California federal courts would reach a
similar conclusion on similar facts.

Where questions arise, we suggest that you consult the guidelines for classroom copying and other available
source material available on the fair use web site, cited above. Please note that the guidelines are intended
to state the minimum, not the maximum, extent of the fair use doctrine. Thus, just because your use is not
within the guidelines, it is it not necessarily outside the scope of fair use. In the absence of a definitive
conclusion, however, if the proposed use deviates from the guidelines, you should consider obtaining
permission to use the work from the copyright owner. In instances where the fair use question is important
and permission would be difficult or expensive to obtain, a member of the Fair Use Advisory Group
(described below) or the Legal Office can assist in analyzing whether a particular proposed use would
constitute "fair use."

Some photocopying services will obtain copyright permission and add the price of the royalties, if any, to the
price of the materials. A request to copy a copyrighted work should generally be sent to the permission
department of the publisher of the work. Permission requests should contain the following:

* Title, author, and/or editor, and edition

* Exact material to be used, giving page numbers or chapters

* Number of copies to be made

* Use to be made of the copied materials

* Form of distribution (classroom, newsletter, etc.)

* Whether the material is to be sold

Draft form letters can be obtained from or reviewed by a member of the Fair Use Advisory Group or the Legal
Office.

For certain works, permission may also be sought from the Copyright Clearance Center (CCC) which will
quote a charge for works for which they are able to give permission. The Copyright Clearance Center can be
contacted at www.copyright.com or (978) 750-8400, but it may be easier to go through a copying service that
deals regularly with the CCC.

II. Course Reserves

Some libraries at Stanford will refuse to accept multiple photocopies or to make photocopies of copyrighted
materials needed for course reserves without first having permission from the copyright holder. Other
libraries on campus will accept a limited number of photocopies for course reserves. Consult individual
libraries for clarification of their policies.

While the libraries have blanket permission from dozens of journals, obtaining permission sometimes takes a
good deal of time. Experience in obtaining permission has shown that an inquiry addressed to a journal
publisher frequently produces information that the copyright is actually held by the author, and four weeks is
often inadequate to obtain such permission. Four to six weeks is considered the norm.

Permission may be obtained in a number of ways:

* Upon request, some libraries on campus will obtain materials for course reserve. In these cases, the
librarian will write to obtain permission to photocopy or to purchase reprints. However, most libraries do not
provide this service.

* Written permission may be obtained by the academic department.

* Oral permission may be obtained by faculty members, departmental secretaries, or library staff, in which
case a written record is needed of that action.

Note that filling course reserve requirements may require two to three months before the quarter begins if the
library does not already have a copy of the publication, if the publication is out of print, or if the copyright
holder is not readily available.

III. Resources

Additional information on copyright issues may be found on the world wide web site
http://fairuse.stanford.edu.

Questions about the copyright law as it affects faculty and staff in their University capacities should be
directed to a member of the Fair Use Advisory Group (see attachment) or to Linda Woodward in the Legal
Office (3-9751), who can put you in touch with the appropriate lawyer to respond to your specific question.
Questions about library policy and course reserves should be addressed to Assunta Pisani, Associate
Director, University Libraries (apisani@sulmail or 3-5553). Information concerning the application of copyright
law to computer software can be found in the memorandum "Copying of Computer Software" distributed by
the Library and Information Resources and in Administrative Guide Memorandum 62.

Thank you for your cooperation in ensuring the observation of these guidelines

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